[2024] KEHC 2983 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for the offence of stealing, was suitable for community service as recommended by the probation officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a...
Source-derived case information.
- Citation
- [2024] KEHC 2983 (KLR)
- Parties
- Applicant: Vitalis Akhusama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E039 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentence Revision, Community Service Orders, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vitalis Akhusama
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a community service order.
- 2 Whether the applicant is suitable for community service as recommended by the probation officer.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for the offence of stealing, was suitable for community service as recommended by the probation officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Njoro Police Station for six months, in line with the objectives of rehabilitation and decongestion of prisons.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Njoro Police Station for six months.
Full Case Text
Judgment text and source record
23 paragraphs
Akhusama v Republic (Revision Case E039 of 2024) [2024] KEHC 2983 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2983 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E039 of 2024
HM Nyaga, J
March 14, 2024
Between
Vitalis Akhusama
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of Stealing Contrary to Section 268 as read with Section 275 of the Penal Code.
3. The particulars are that; On the 20th day of September, 2023 at Egerton area in Njoro Sub-County within Nakuru County, stole 100 metres PPR green pipe, six D10 metal rods all valued at Kshs. 17,060/-, the property of Jonathan Mwangi Nduati.
4. He pleaded guilty and he was sentenced to pay a fine of Kshs. 20,000/= in default eighteen (18) months in prison.
5. The Applicant has served a substantial part of this sentence.
6. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Njoro Police Station.
7. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Njoro Police Station for Six (6) months.
8. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 14TH DAY OF MARCH, 2024. ...........................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state